STATUTORY WARNING BY MAGISTRATE AND
PROBABLE CAUSE FOR FURTHER DETENTION HEARING AND COMMITMENT
On this the ______day of______, 20______at ______.M. o’clock, personally appeared______, Defendant,(Race: _____ Sex: _____ DOB: ______),before me in the custody of ______, a Peace Officer, of ______, Defendant having been accused of the offense of ______. The following proceedings took place and the defendant was given the following warning, pursuant to Art. 15.17 of the Texas Code of Criminal Procedure:
□You have the right to employ or retain a lawyer to represent you.
□You have the right to remain silent, the right to have a lawyer present during any interview with peace officers or lawyers representing the State, the right to terminate the interview at any time, and the right to request the appointment of a lawyer if you are indigent and cannot afford a lawyer.
□If you have been charged with a felony, you have the right to have an examining trial.
□If you have been charged with a misdemeanor punishable by jail time, you have 10 days to prepare for a final hearing, or you may waive it.
□You are not required to make a statement, and any statement made by you may be used against you.
□Request made for a lawyer. Information forwarded to court designee.
□No request made for lawyer.
□A reasonable time and opportunity to consult a lawyer was allowed.
The Court further informed the defendant pursuant to "Article 36" of the Vienna Convention:
□You have the right if you are a foreign national to contact your national consulate.
ORDER SETTING ADDITIONAL CONDITIONS OF BOND
IT IS THE ORDER OF THE COURT that if you receive an appointed attorney and make bond, you shall comply with the following additional terms and conditions of bond:
□You shall keep all appointments with your attorney;
□You shall attend all court settings, and;
□You shall notify your attorney or your attorney’s office of any changes in your residence address, business address or telephone numbers
within twenty-four (24) hours of such change.
Any violation of these conditions may result in your bond being held insufficient and you being returned to custody.
COMMITMENT ORDER
To the Sheriff of Brazoria County, Texas, it is hereby ordered that: (check applicable box)
□1.Probable cause for further detention exists, as evidenced by police officer's probable cause affidavit attached hereto, and defendant's bond is set at $______, and the defendant is ordered committed to the custody of the Brazoria County Sheriff pursuant to Art. 15.19 CCP until such bond has been properly executed.
□2.Probable cause for further detention exists, as evidenced by police officer's probable cause affidavit attached hereto, and a personal recognizance (P.R.) bond has been set at $______, and the defendant is ordered committed to the custody of the Brazoria County Sheriff pursuant to Art. 15.19 CCP until such bond has been properly executed.
□3.Probable cause for further detention does not exist and the Sheriff/City Jail is ordered to immediately release the defendant from custody in this case.
DOCKET NO. ______
JUSTICE OF THE PEACE, PCT. ______PL.______
PID NO. ______MAGISTRATE ______
DATE: ______TIME: ______LOCATION: ______
RECEIPT ACKNOWLEDGEMENT
I hereby acknowledge that I received an exact copy of this document and I understand these additional conditions of my bond if I receive a court appointed attorney.
Defendant’s principal language if not English: ______
DEFENDANT
______WITNESS □ TRANSLATED
DEFENDANT POSTED BOND/P.R. BOND______
FOR SHERIFF’S DEPARTMENT USE ONLY COMMITMENT RETURN FOR SHERIFF’S DEPARTMENT USE ONLYISSUED ______day of______, 20______, J.P., Pct. ______Pl.______/Magistrate __
EXECUTED ______day of______, 20______, by ___
CHARLES S. WAGNER, SHERIFF, BRAZORIA COUNTY, TEXAS
By: ______Deputy
FORM 1 - Magistrate's Warning.doc Original JP/Magistrate Jail copy Defendant copy